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TRINITY AMERICAN CORP. v. U.S. E.P.A.

No. 97-2059.

150 F.3d 389 (1998)

TRINITY AMERICAN CORPORATION, Petitioner, v. The UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided August 4, 1998.

Attorney(s) appearing for the Case

ARGUED: Christopher G. Browning, Jr., Hunton & Williams, Raleigh, North Carolina, for Petitioner. Yvette Marie Wilkerson-Barron, United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: L. Neal Ellis, Jr., Matthew P. McGuire, Hunton & Williams, Raleigh, North Carolina, for Petitioner. Lois G. Schiffer, Assistant Attorney General, Environment & Natural Resources Division, United States Department of Justice, Washington, D.C.; Richard T. Witt, Office of General Counsel, Environmental Protection Agency, Washington, D.C.; David Montegomery Moore, Office of Regional Counsel, Region IV, Environmental Protection Agency, Atlanta, Georgia, for Respondent.

Before WIDENER and MOTZ, Circuit Judges, and HOWARD, United States District Judge for the Eastern District of North Carolina, sitting by designation.

Petition dismissed by published opinion. Judge DIANA GRIBBON MOTZ wrote the opinion, in which Judge WIDENER and Judge HOWARD joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

Trinity American Corporation petitions for review of an emergency order issued under the Safe Drinking Water Act. The order mandates that Trinity systematically sample groundwater within a three-quarter-mile radius west-southwest of its property to determine whether the water...

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